City Council - May 27, 2008

FERNDALE CITY COUNCIL MEETING

Tuesday, May 27, 2008

A Regular Meeting of the Ferndale City Council was held Tuesday, May 27, 2008, at City Hall, 300 East Nine Mile Road, Ferndale. Mayor Covey called the meeting to order at 7:32 p.m.

1. PLEDGE OF ALLEGIANCE

2. ROLL CALL

Present: Mayor Covey, Council Members Baker, Galloway, Lennon.

Absent: Council Member Gumbleton.

258. Moved by Baker, seconded by Galloway, to excuse Councilwoman Gumbleton’s absence.

AYES: Council Members Baker, Galloway, Lennon, Mayor Covey

NAYS: None

MOTION CARRIED

3. APPROVAL OF AGENDA

Mayor Covey announced cable volunteer and military veteran Ray White’s 83rd birthday.

259. Moved by Lennon, seconded by Baker, to approve the agenda as submitted.

AYES: Council Members Baker, Galloway, Lennon, Mayor Covey

NAYS: None

MOTION CARRIED

4. PUBLIC HEARINGS

A. Special Land Use application submitted by the Center of Educational Excellence of Higher Learning for a day care center at 914 Livernois (Tabled from April 14, 2008)

Mayor Covey opened the public hearing at 7:34 p.m. and, there being no public comments, closed the public hearing at 7:35 p.m.

260. Moved by Galloway, seconded by Baker, to adopt the attached Resolution approving the Special Land Use application for a day care center and dance school to be located at 914 Livernois and direct the City Clerk to record this Resolution with the Oakland County Register of Deeds.

AYES: Council Members Baker, Galloway, Lennon, Mayor Covey

NAYS: None

MOTION CARRIED

B. Inyo Restaurant, 22871 Woodward, Class C liquor license pursuant to Public Act 501 of 2006

Mayor Covey opened the public hearing at 7:41 p.m.

Attorney Kelly Allen, representing the petitioner, briefly introduced the principals and outlined the scope of the project.

There being no further comments, Mayor Covey closed the public hearing at 7:45 p.m.

261. Moved by Galloway, seconded by Baker, to approve the On Premises Public Act 501 of 2006 Liquor License (Class C License with Sunday Sales) requested by Rexy’s B.C., Inc. (Norman and Filodia Acho), dba Inyo Restaurant and Lounge to be located at 22871 Woodward Avenue, Ferndale, Michigan and approved at the proposed location above all others, including the findings of fact as contained in the Review Committee’s recommendation to Council (as presented in City Manager Bruner’s memo to Council dated May 27, 2008) and including the plan of operation as submitted by the applicant.

AYES: Council Members Baker, Galloway, Lennon, Mayor Covey

NAYS: None

MOTION CARRIED

C. Go Comedy! Improv Theater, 261 E. Nine Mile Road Class C liquor license pursuant to Public Act 501 of 2006

Mayor Covey opened the public hearing at 7:49 p.m. and, there being no public comments, closed the public hearing at 7:50 p.m.

262. Moved by Baker, seconded by Lennon, to approve the On Premises Public Act 501 of 2006 Liquor License (Class C License with Sunday Sales) requested by Go Comedy! Improv Theater LLC d/b/a Go Comedy! Improv Theater to be located at 261 E. Nine Mile Road, Ferndale, Michigan and approved at the proposed location above all others, including the findings of fact as contained in the Review Committee’s recommendation to Council (as presented in City Manager Bruner’s memo to Council dated May 27, 2008) and including the plan of operation as submitted by the applicant.

AYES: Council Members Baker, Galloway, Lennon, Mayor Covey

NAYS: None

MOTION CARRIED

263. CALL TO AUDIENCE

Interim Library Director Mary Trenner thanked members of the Plan Commission for scheduling a Special Meeting to be held on Thursday at 6:30 p.m. at the library to discuss the Library building plans. Ms. Trenner introduced Mr. Doug Raber, the new Library Director, who begins the position on Tuesday.

Ordinance Initiative for Medical Marijuana

Thad McCullum, attorney for the National Organization for Positive Medicine, requested that Council act tonight on the petition for an ordinance regarding medical marijuana to either adopt the ordinance without alteration or to submit the ordinance to the voters on the August 5, 2008 ballot.

City Clerk Tallman explained that according to a provision in Michigan Election Law (MCL 168.646a) for elections in which state officers will appear on the ballot the State’s deadline for certifying ballot wording supersedes the City’s Charter provisions. Which means, for the ordinance initiative submitted to the Clerk’s Office on May 13, 2008, pertaining to the National Organization for Positive Medicine and their ability to distribute medical marijuana pursuant to court orders, today is the certification deadline for the August 5, 2008 election. Council may:

1. Adopt the ordinance as submitted;

2. Adopt a motion approving the ballot language to be submitted to an electoral vote at the Primary Election on August 5, 2008; or

3. Defer action to the Council meeting of June 9, 2008. Doing this keeps Council within its Charter deadlines, but misses the State deadlines for the ballot question to be presented to the voters at the Primary Election. The ordinance would, if not adopted by Council on June 9th, be forwarded to the voters in November, 2008.

Council Members were in general agreement to take the additional time, as allowed by City Charter, to review the ordinance submitted and asked the City Clerk to place the issue on the June 9, 2008 City Council meeting agenda.

CDS Director Scheer encouraged residents to participate in the code enforcement survey on the City ‘s website and to also submit feedback on the City’s Master Plan, which is on the website as well.

6. CONSENT AGENDA

Councilman Lennon left Council Chambers at 8:12 p.m.

264. Moved by Galloway, seconded by Baker, to approve the Consent Agenda as submitted:

A. Approved the Minutes of the Regular Meeting held May 12, 2008, as submitted by City Clerk.

B. Approved Resolution recognizing and declaring June 2008 as Gay Pride Month in the City of Ferndale, as submitted by Mayor.

C. Approved erection of a Moonwalk structure at Geary Park as requested by Amber Vaughn for a family cookout/picnic to be held on Saturday, June 21, 2008, from 9:00 a.m. to 9:00 p.m., contingent upon their obtaining of a permit from the CDS Department for the Moonwalk structure and the insurance being reviewed and approved by the City Attorney at least 5 days prior to the event, as submitted by Deputy City Clerk.

D. Approved erection of a moonwalk structure at Martin Road Park as requested by Raylon Leaks-May for Grant’s Early Childhood Center End of the Year Picnic to be held on Wednesday, June 4, 2008, from 9:00 a.m. to 4:00 p.m., contingent upon their obtaining of a permit from the CDS Department for the Moonwalk structure and the insurance being reviewed and approved by the City Attorney at least 5 days prior to the event, as submitted by Deputy City Clerk.

E. Approved re-appointment of Carole Ann Morency, of Withington West, to the Ferndale Housing Commission for a five-year term ending May 5, 2013, as submitted by City Manager.

F. Adopted attached Resolution indicating Ferndale’s intent to participate in Oakland County’s Community Development Block Grant Program for the next three years and directed City Clerk to forward a certified copy of the Resolution to the County before the May 30th deadline, as submitted by CDS Director.

G. Authorized additional expenditure of $4,950 to Kitchen Concepts of Ferndale, for kitchen renovations at both fire stations. Funds for this work were budgeted and are available in the Public Improvement fund – Capital Outlay, account number 245-000-977, as submitted by Fire Chief.

H. Amended contract with Pro. Inc. Roofing and Sheet Metal to include a white, energy efficient roof covering with the roof replacement at Fire Headquarters, at an additional cost of $3,600. Funds for this project are available in Account Number 245-000-977, Public Improvement, as submitted by Fire Chief.

I. Reviewed the Master Equity Lease Agreement from Enterprise Leasing Company, and authorized the City Manager to sign the agreement, as submitted by Finance Director/Assistant City Manager.

J. Approved contract by and between GM & Sons, Inc., 6784 Whitmore Lake, to replace deteriorated concrete curb and gutter and sections of roadway of Nine Mile Road between Woodward Avenue and Planavon, and authorized Mayor and City Clerk to sign the contract, as submitted by DPW Director.

K. Approved the bills and payrolls as certified by City Manager to be paid subject to review by the Council Finance Committee.

AYES: Council Members Baker, Galloway, Mayor Covey

NAYS: None

MOTION CARRIED

Councilman Lennon returned to Council Chambers at 8:15 p.m.

7. REGULAR AGENDA

A. Consideration of Resolution of Appreciation for Christopher Mourgelas

265. Moved by Mayor Covey, supported unanimously, to adopt the Resolution of Appreciation commending Christopher Mourgelas for his service to the Plan Commission.

ADOPTED UNANIMOUSLY

B. Consideration of participation in the Michigan, Region II, Urban Search & Rescue Task Force

266. Moved by Galloway, seconded by Baker, to authorize members of the Fire Department to participate in the Michigan, Region II, Urban Search and Rescue Task force and authorize the Fire Chief to sign the Memorandum of Understanding between the Michigan Department of State Police and the Ferndale Fire Department.

AYES: Council Members Baker, Galloway, Lennon, Mayor Covey

NAYS: None

MOTION CARRIED

C. Consideration of FOIA Policy Amendment

267. Moved by Galloway, seconded by Lennon, to adopt the Freedom of Information Act Policy dated May 27, 2008, as submitted.

AYES: Council Members Baker, Galloway, Lennon, Mayor Covey

NAYS: None

MOTION CARRIED

D. Consideration of filling a vacancy in the Police Department

268. Moved by Galloway, seconded by Baker, to authorize the Police Department to begin the hiring process to fill the vacancy in the Police Department created by the resignation of Officer David Mack and to fill said vacancy.

AYES: Council Members Baker, Galloway, Lennon, Mayor Covey

NAYS: None

MOTION CARRIED

E. Consideration of Fire Department purchase of a new Zoll, E-Series heart monitor, along with accessories, batteries, software and technical support

269. Moved by Galloway, seconded by Lennon, to authorize the Fire Department to purchase a new Zoll, E-Series heart monitor, along with accessories, batteries, software and technical support from the Zoll Medical Corporation of Chelmsford, Massachusetts for the total price of $25,394.54 Funds for this purchase were budgeted and are available in Account Number 101-336-977, Capital Outlay.

AYES: Council Members Baker, Galloway, Lennon, Mayor Covey

NAYS: None

MOTION CARRIED

F. Consideration of City Manager’s 2008 Goals/Objectives

270. Moved by Galloway, seconded by Lennon, to adopt the City Manager’s 2008 Goals/Objectives as submitted.

AYES: Council Members Baker, Galloway, Lennon, Mayor Covey

NAYS: None

MOTION CARRIED

8. COUNCIL APPOINTEE REPORT – CITY MANAGER

City Manager Bruner updated Council on his progress toward FYE 2008 goals and objectives.

271. COUNCIL LIAISON REPORTS

B. Michigan Suburbs Alliance (MSA) – City Manager Bruner attended the Annual Meeting at which officers and Board of Directors were reelected, and the Annual Report was distributed.

C. South Oakland County Mayors Association (SOCMA). Mr. Bruner announced the next meeting is June 11th in Southfield. Mayor Covey noted that Ferndale hosted the last meeting at Via Nova, followed by a tour of Affirmations Center.

D. Southeast Michigan Council of Governments (SEMCOG). Mr. Bruner announced the 40th Anniversary Celebration to be held at Greenfield Village in Dearborn on June 26th, and asked Council Members to register if they plan to attend.

CALL TO COUNCIL

272. Chief of Police Kitchen congratulated the Memorial Society and the Historical Society on a successful Memorial Day Parade. Chief Kitchen reported the Department is gearing up for celebrations in anticipation of NBA and NHL championships, and for all the festivals and parties coming with the summer season. Chief Kitchen reminded residents to party safely and responsibly.

273. Fire Chief Schmidt commended the Memorial Day Parade. He noted that Channel 7 claimed Dearborn’s Memorial Day Parade as the longest running one, although Ferndale’s began five years earlier. Mayor Covey suggested that next year the City send out a press release ten days prior to the Parade, documenting the first parade in 1919.

274. Clerk Tallman announced the City of Ferndale Master Plan will be considered by the Oakland County Coordinating Zoning Committee (CZC) at their meeting on Tuesday, July 8, 2008 at 9:00 a.m. in the Board of Commissioners’ Auditorium, Committee Room A, 1200 N. Telegraph Road, Pontiac. Clerk Tallman announced the Code of Ordinances has been updated through November, 2007, and will be maintained on a yearly basis from now on. The updated Code is on the City’s website and hard copies will be distributed by early next week.

275. City Manager Bruner reported the Parks and Recreation Advisory Commission met with neighbors and staff regarding the issues at Wanda Park with everyone being supportive and working together to resolve the issue.

276. City Attorney Christ reported that on Tuesday the 43rd District Court staff and members of the City’s CDS Department will meet to discuss the economies and procedures of ordinance enforcement and ways in which violations can be efficiently processed through the Court. City Attorney Christ indicated that dialogue is continuing in the matter of the lawsuit related to the "honking case".

277. Councilwoman Baker remarked on a recent Letter to the Editor which contended that Council members do not work well together. Councilwoman Baker disagreed with the resident’s depiction of Council, citing positive interaction among the Members in many areas such as the weekend’s Memorial Day Parade. Councilwoman Baker announced an art show opening on Friday, May 30, 6:00-10:00 p.m. at the State of the Art Gallery on Nine Mile.

278. Councilman Galloway added his comments on the quality of the Memorial Day Parade. Councilman Galloway noted Phyllis Lievense’s retirement from WFRN-TV and thanked her for her years of service.

279. Mayor Covey thanked the Chamber of Commerce for giving him the opportunity to address the membership and other community members at the First State of City event. Mayor Covey announced that the fundraising event team that had triggered the request for consideration of an ordinance amendment to allow alcohol in City parks has withdrawn the request for a beer tent at the upcoming event. Mayor Covey noted the Resolution adopted by Council under the Consent Agenda to proclaim Gay Pride Week and remarked that the now non-controversial nature of the Resolution is a positive statement on forward progress. Mayor Covey announced the Motor City Pride event happening in the downtown area this Sunday and noted he will be hosting a reception at The Bosco in conjunction with the even on Friday, 7:00 – 9:00 p.m. On Saturday Mayor Covey will be officiating at the traditional union ceremony in front of City Hall. Mayor Covey announced Dine Out Detroit, a fundraiser for the Midwest Aids Prevention Project, on June 6. Participants simply eat at one of 102 participating restaurants in the region and those restaurants will donate a portion of the day’s proceeds to MAPP.

ADJOURNMENT

There being no objections, Mayor Covey adjourned the meeting at 8:49 p.m.

J. Cherilynn Tallman, City Clerk